1, high-altitude parabolic refers to throwing objects from high altitude in the form of free fall. The crime of throwing objects at high altitude refers to throwing objects from buildings or other high altitudes. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance, and shall also or only be fined.
2. Legal basis: Article 1254 of the Civil Code of People's Republic of China (PRC).
It is forbidden to throw objects from buildings. If an object thrown from a building or an object falling from a building causes damage to others, the infringer shall bear tort liability according to law; If it is difficult to determine the specific infringer after investigation, in addition to being able to prove that he is not an infringer, the user of the building who may cause harm shall be compensated. After compensation, the user of the building who may cause damage has the right to recover from the infringer.
Property service enterprises and other building managers shall take necessary safety measures to prevent the occurrence of the situations mentioned in the preceding paragraph; Those who fail to take necessary security measures shall bear the tort liability for failing to fulfill their security obligations according to law.
In case of the circumstances specified in the first paragraph of this article, the public security organ and other organs shall promptly investigate and find out the responsible person according to law.
2. What's the difference between falling objects and parabolic objects?
1, with different subjectivity. Accurately identify the high-altitude parabolic crime. For parabolic behavior at high altitude, we should comprehensively consider the social harm of the behavior, accurately judge the nature of the behavior, correctly apply the crime, and accurately determine the punishment according to the actor's motivation, the position of the parabolic object, the situation of the thrown object, the consequences and other factors. Accurately identify the crime of falling objects from high altitude. Negligence causes objects to fall from high altitude, resulting in death and serious injury. In violation of relevant safety management regulations in production and operation, articles fall from a height, causing heavy casualties or other serious consequences.
2. Different legal responsibilities. If the building and its shelving and hanging objects fall off and cause damage to others, and the owner, manager or user cannot prove that he is innocent, relevant laws and regulations shall apply and he shall be sentenced to bear tort liability according to law. If there are other responsible persons, the people's court shall support the owner, manager or user to claim the right of recourse from other responsible persons after compensation. If throwing objects from buildings causes damage to others, the direct infringer shall be identified as far as possible and sentenced to bear tort liability according to law.
3. The punishment is different. Severely punish high-altitude parabolic crimes according to law. In any of the following circumstances, a heavier punishment shall be given, and probation is generally not applicable, that is, repeated execution; Continue to implement after being discouraged; Having received criminal punishment or administrative punishment; Implement in crowded places; Other serious circumstances. According to the Civil Law of People's Republic of China (PRC), if falling objects cause property or personal injury to others, they should bear corresponding responsibilities. The size of the responsibility also needs to be determined according to the circumstances of the case. If it involves personal injury and violates the Criminal Law of People's Republic of China (PRC), it should be punished by law.